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HomeMy WebLinkAbout87-616 ZotterDear Ms. Zotter: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 October 16, 1987 ADVICE OF COUNSEL Ms. Sandra Zotter 168 Link Avenue 87 -616 Pittsburgh, PA 15237 Re: Conflict of Interest, Township Commissioner, Spouse employed by Police Department This responds to your letter of September 15, 1987, wherein you requested the advice of the State Ethics Commission. Issue: Whether the State Ethics Act places any prohibitions upon a township commissioner in voting on matters regarding the police department when her spouse is a sergeant in the township police department. Facts: You have been appointed as a commissioner in Ross Township. Your husband is a police sergeant in the Ross Township Police Department. You ask what restrictions would apply to you regarding voting on matters concerning the police department. Discussion: As a township commissioner, you are a public official as that term is defined in the State Ethics Act. 65 P.S. §402. As such, to the provisions of the Ethics Act and the restrictions �therein applicable to you. Section 3(a) of the Ethics Act provides: Section 3. Restricted activities. (a) No public official or public employee shall use his public office or any confidential information received through his holding public office to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he is associated. 65 P.S. 403(a). Ms. Sandra Zotter October 16, 1987 Page 2 Section 3(a) basically provides that a public official may not use his public position or confidential information in order to obtain financial gain for himself or a member of his immediate family. The above provision would encompass participating, to any extent, in a matter that related to the public official or to a member of his immediate family. The Ethics Act defines member of one's immediate family as follows: Section 2. Definitions. "Immediate family." A spouse residing in the person's household and minor dependent children. 65 P.S. 402. Mr. Zotter is clearly a member of your immediate family as defined in the State Ethics Act. As such, you would be prohibited from usin office in order to obtain a financial u 9 your p gain vote nor participate in any matterthatfwouldresultain�financialo could your husband. gain to Section 3(b) of the Ethics Act provides: Section 3. Restricted activities. (b) No person shall offer or give to a public official or public employee or candidate for public office or a member of his immediate family or a business with which he is associated, and no public official or public employee or candidate for public office shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the public official or public employee or candidate for public office would be influenced thereby. 65 P.S. 403(b). Finally, reference to Section 3(b) of the Ethics Act must be made in order to provide a complete response to your inquiry. Under Section 3(b) of the Ethics Act cited above, which you must observe, you must neither offer nor accept anything of value on the understanding or with the intention that your official judgment would be influenced thereby. It is assumed such a situation does not exist here. Reference to this Section is added not to indicate that any such activity has been or will be undertaken but in an effort to provide a complete response to your inquiry. Under the Ethics Act, the Commission may address other areas of possible conflicts of interests. See 65 P.S. §403(d). The parameters of the activities encompassed by this provision generally are determined through a Ms. Sandra Zotter October 16, 1987 Page 3 review of the intent and purpose of the Ethics Act. The Ethics Act was promulgated in order to insure the public that the financial interests of their officials do not conflict with the public trust. In this respect, you are advised, that in the event that the township commissioners are called upon to address an issue which somehow would relate to or directly affect your husband, you must abstain from participating in such matter. It is noted that your abstention would only be required in those situations wherein the township action would somehow enure to the benefit of your husband. If such a situation should arise, the fact that you have abstained from participating in the matter should be publicly noted and appropriately recorded in the township minutes. The reason for your abstention should also be noted. Lastly, the Ethics Commission has only addressed your question under the Ethics Act; it has not considered the applicability of any other statute, code, ordinance, regulation, or other code of conduct. Conclusion: As the township commissioner, you are a public official subject to the provisions of the State Ethics Act. As outlined above, there is no per se prohibition to your voting on matters relating to the police department. However, you must abstain from participating in those situations wherein the township action would somehow enure to the benefit of your husband. Further, your abstention from participation should be publicly noted and appropriately recorded in the township minutes. The reason for your abstention should also be noted. Pursuant to Section 7(9)(ii), this Advice is a complete defense in any enforcement proceeding initiated by the Commission, and evidence of good faith conduct in any other civil or criminal proceeding, providing the requestor has disclosed truthfully all the material facts and committed the acts complained of in reliance on the Advice given. This letter is a public record and will be made available as such. Finally, if you disagree with this Advice or if you have any reason to challenge same, you may request that the full Commission review this Advice. A personal appearance before the Commission will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be made, in writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. Sincerely, 1J c Vincent J. Dopko General Counsel